“To extend the break-in-service consideration for firefighter retirements, and other purposes.”
No CRS summary available for this bill.
This section revises the definition of "firefighter" under the Federal Employees' Retirement System (FERS) in 5 U.S.C. §8401(14) to include (A) employees whose primary duties involve controlling and extinguishing nonwildland fires and require young, physically vigorous individuals, as determined by the Office of Personnel Management (OPM) Director; (B) employees whose primary duties involve controlling and extinguishing wildland fires and require young, physically vigorous individuals; (C) employees transferred directly to supervisory or administrative positions after at least 3 years performing duties under (A), with no break in service; and (D) employees in supervisory or administrative positions after at least 3 years performing duties under (B), with no more than 24 months total breaks in service. (As background, FERS firefighters qualify for enhanced retirement benefits, including a 1.7% accrual rate for credited service—versus 1.0% or 1.1% for regular employees—and eligibility to retire at age 50 with 20 years of service or at any age with 25 years of service; higher employee deductions and agency contributions under 5 U.S.C. §§8422 and 8423 fund these benefits.) This section further establishes a process for current FERS employees to elect credit, for retirement purposes, for service performed from October 1, 2003, through the day before enactment as firefighter service if (1) appropriate deductions and withholdings under 5 U.S.C. §§8422 and 8423 were made at the time, (2) the employee did not qualify as a firefighter due to a break in service, and (3) the employee would qualify under new subparagraph (D). To receive credit, individuals must submit a written election to the relevant agency(es) before separating from current service and remit additional deductions under §8422 that would have applied under the new definition, plus interest under 5 U.S.C. §8334(e); the prior employing agency must remit corresponding additional agency contributions under §8423, plus interest. OPM must notify eligible individuals and assist in verification, including obtaining records from the Departments of Agriculture and Interior; this section does not affect Thrift Savings Fund contributions.